In the opening paragraph of the Truth and Reconciliation Commission’s report, Archbishop Emeritus Desmond Tutu wrote: “Our country is soaked in the blood of her children of all races and of all political persuasions.”
He went on to say that everyone agreed that South Africans must deal with their history and its legacy, predicting correctly that the question of how to do this would likely remain controversial for a long time.
Our history is a complex and traumatic one. It was interesting and somewhat perplexing to read some of the recent comments on social media in response to the announcement of the establishment of a judicial commission of inquiry into the investigation and prosecution of apartheid-era crimes. Some argued that a commission was a waste of money or that too much time had passed since the commission of these crimes.
But how do we move forward as a nation if we have not yet dealt with our history and its legacy? How do we, as the preamble to the constitution demands, “heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights”?
The divisions of the past did not miraculously disappear in 1994 – though some in our society want to claim they did
The divisions of the past did not miraculously disappear in 1994 — though some in our society want to claim they did.
The final TRC report was presented to then-president Mandela in 1998, yet the work flowing from the TRC’s findings continues.
This past weekend we handed over the remains and reburied Thabo Mosala in Matatiele in the Eastern Cape. His remains had been exhumed by the Missing Persons Task Team of the National Prosecuting Authority (NPA).
Mosala was a political activist who was strongly opposed to the so-called “independence” of the former Transkei. He was detained in 1976 together with Chief Neo Sibi and others. He was held for 87 days and died on November 26 1976, allegedly due to internal bleeding caused by a gastric ulcer. The acknowledgment by the TRC of his death in detention led to an investigation. The appendix to the TRC report recorded that he died of “natural causes”. But the circumstances under which he died were anything but natural and therefore the investigation is ongoing.
Mosala fought against the Bantustan system. The reality is that the former homeland areas remain the poorest and most underdeveloped in our country. We must honour his memory by eradicating the legacy of poverty, unemployment and inequality caused by apartheid and separate development.
Further work in dealing with our painful past continues through the TRC unit in the department of justice & constitutional development, the missing persons task team in the NPA, the Gallows Exhumation Project and the Exile Repatriation Project.
The Gallows Exhumation Project was launched in 2016 to exhume the remains of 83 political activists who were judicially executed. At least 130 political prisoners were hanged between 1960 and 1990, after which the death penalty was suspended. The state retained custody of their remains and buried them as paupers in cemeteries in and around Tshwane, thereby denying their families the opportunity to bury them. Of the 130 political prisoners, 47 have already been exhumed.
The first group of 42 deceased exiles’ remains from Zambia and Zimbabwe were returned to South Africa in 2024.
Recently, the reopening of the inquests into the deaths of Chief Albert Luthuli, Griffiths Mxenge and the Cradock Four reminded us that our freedom was, indeed, not for free.
A recent judgment of the Gauteng High Court held that those responsible for the murder of the Cosas Four in 1982 must be prosecuted and that “there can be no time bar [for] crimes against humanity [and] apartheid constituted a crime against humanity”.
President Cyril Ramaphosa recently announced the establishment of a judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes. The commission must investigate whether, why, to what extent and by whom attempts were made to influence members of the South African Police Service or NPA to not investigate or prosecute cases identified by the TRC.
The commission is an opportunity to establish the truth and to deal with our history. All affected families, and South Africa as a nation, deserve closure and justice.
Ultimately, the best way to deal with our history and its legacy and to honour those who paid the ultimate price for our freedom is to build a democratic and capable state, one based on human dignity, equality and human rights.
* Nel is Deputy Minister of Justice and Constitutional Development.
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